WRITTEN QUESTION E-1553/99

by Olivier Dupuis (TDI) to the Commission

(1 September 1999)

Subject: European CITES regulation and France

At the last conference of the parties to CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) held in Harare (Zimbabwe) in June 1997, it was decided by a majority of more than two thirds of its members to transfer the African elephant populations of Botswana, Namibia and Zimbabwe from Annex I (trade banned) to Annex II (controlled trade) of the Convention. This change of category enabled the three countries to legally export trophies, live specimens and certain products derived from elephants. They will also be authorised, as of 18 March 1999, providing certain conditions are met, to sell their legal stocks of raw ivory to a single purchaser, Japan. By this decision, the international community recognised that the elephant populations of the three Southern African countries were not under threat and demonstrated its approval of the effective fauna management policies pursued by these countries, particularly through national community development programmes under which rural populations participate in and benefit from the management and conservation of wildlife resources. In November 1997, the Commission approved, on a qualified-majority basis, a regulation updating, following the decisions taken at the Harare conference, Council Regulation No 338/97(1) on the application of CITES in the European Union. The amended regulation authorised, throughout the European Union, among other things, imports of live elephants and certain products derived from elephants originating in Botswana, Namibia and Zimbabwe. The regulation is directly applicable in all the Member States of the European Union.

However, France does not agree with the decision and, on 1 September 1998, a ministerial decree came into force prohibiting the importation of Southern African elephants and certain derivative products into France, thereby contravening the European regulation which does not allow stricter unilateral action. Is the Commission aware of the measure taken by France? If it is, has it notified France that the decree constitutes a breach of Community law? Does the Commission therefore intend, if it has not already done so, to bring legal action against France before the European Court of Justice for contravening Community law?

(1) OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(18 November 1999)

The Commission has not received notification from France of any specific acts or provisions that it may have adopted on the importation of and trade in trophies, live specimens or certain products derived from elephants of the species Loxodonta africana (African elephant) from the populations of Botswana, Namibia and Zimbabwe, with a view to implementing Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(1), as amended in particular by Commission Regulation (EC) No 2307/97 of 18 November 1997(2).

The Commission has not received notification of the Ministerial Decree referred to by the Honourable Member which apparently entered into force on 1 September 1998 and prohibits the importation into French territory of elephants from Southern Africa and certain products derived therefrom.

However, enquiries have shown that, as the Honourable Member states, at least one Inter-Ministerial Decree has indeed been adopted in this area by France but has not been notified in any form to the Commission. This is the Decree of 30 June 1998 on the importation, transport and commercialisation of certain specimens of African elephants.

Under Article 20 of Regulation (EC) No 338/97, as amended, each Member State shall notify the Commission and the Convention secretariat of the provisions which it adopts specifically for the implementation of this Regulation and of all legal instruments used and measures taken for its implementation and enforcement;

Having confirmed the lack of notification at least of the abovementioned Decree of 30 June 1998, which represents a breach by France of Article 20 of the Regulation, the Commission will consider as soon as possible what action to take on this matter.

(1) OJ L 61, 3.3.1997.

(2) OJ L 325, 27.11.1997, p. 1.